United States v. George Whitley Hendon, Jr.

Appellant appeals from a jury judgment convicting him of the violation of 18 U.S.C. § 2312 , transporting a stolen vehicle across state lines, knowing it to have been stolen.

The sole error urged was the admission of testimony concerning the stealing and selling by appellant of a television set, allegedly sold by the appellant in Florida after the stealing of the automobile in Florida.

Appellant was charged, not with stealing an auto in Florida (not a federal crime) but with knowingly transporting it in interestate commerce. The latter he had not done until after the sale of the television set.

The Government offered, outside the hearing of the jury, to introduce evidence that the day the appellant failed to return the auto to its owner, a television set belonging to the car owner was also missing. A statement made by appellant to F.B.I. agents, after a full Miranda type warning, and a waiver signed by appellant, was offered in evidence (Ex. 6) which referred to the taking of the television set. Objection was made and sustained (R.T. 38), with the proviso that if the appellant “presents any evidence that would bear on his intent in taking the car, then this would be material…